(1)(a) A brew pub license may be
issued to any person operating a brew pub and also selling alcohol beverages for
consumption on the premises.
(b)A brew pub licensed pursuant to this section to manufacture malt liquors
upon its licensed premises may, upon approval of the state licensing authority,
manufacture malt liquors upon alternating proprietor licensed premises within the
restrictions specified in section 44-3-103 (5).
(2)(a) Except as provided in subsection (2)(b) of this section, during the
hours established in section 44-3-901 (6)(b), malt liquors manufactured by a brew
pub licensee on the licensed premises or alternating proprietor licensed premises
may be:
(I)Furnished for consumption on the premises;
(II)Sold to independent wholesalers for distribution to licen
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(1) (a) A brew pub license may be
issued to any person operating a brew pub and also selling alcohol beverages for
consumption on the premises.
(b) A brew pub licensed pursuant to this section to manufacture malt liquors
upon its licensed premises may, upon approval of the state licensing authority,
manufacture malt liquors upon alternating proprietor licensed premises within the
restrictions specified in section 44-3-103 (5).
(2) (a) Except as provided in subsection (2)(b) of this section, during the
hours established in section 44-3-901 (6)(b), malt liquors manufactured by a brew
pub licensee on the licensed premises or alternating proprietor licensed premises
may be:
(I) Furnished for consumption on the premises;
(II) Sold to independent wholesalers for distribution to licensed retailers;
(III) Sold to the public in sealed containers for off-premises consumption.
Except as provided in subsection (2)(a.5) of this section, only malt liquors
manufactured and packaged by the licensee on the licensed premises or on an
alternating proprietor licensed premises may be sold to the public in sealed
containers.
(IV) Sold at wholesale to licensed retailers in an amount up to three hundred
thousand gallons per calendar year.
(a.5) (I) For purposes of sales to the public in sealed containers pursuant to
subsection (2)(a)(III) of this section, a brew pub licensee may also sell on the
licensed premises malt liquors that are manufactured by the licensee on another
brew pub licensed premises that is under the same ownership as the brew pub
licensed premises at which the sale occurs.
(II) As used in this subsection (2)(a.5), same ownership means that a person
or group of persons has at least fifty percent ownership interest in the licensed
brew pub at which the sale to the public of malt liquors in sealed containers occurs
and in another brew pub licensed premises at which the malt liquors being sold
were manufactured.
(b) A brew pub authorized to manufacture malt liquors upon alternating
proprietor licensed premises shall not conduct retail sales of malt liquors from an
area licensed or defined as an alternating proprietor licensed premises.
(3) (a) Every person selling alcohol beverages pursuant to this section shall
purchase alcohol beverages, other than those that are manufactured at the
licensed brew pub, from a wholesaler licensed pursuant to this article 3; except
that, during a calendar year, a person selling alcohol beverages as provided in this
section may purchase not more than seven thousand dollars' worth of malt, vinous,
and spirituous liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). On January 1, 2025, and each January 1 thereafter, the state
licensing authority shall adjust the purchase limitation specified in this subsection
(3)(a) for inflation and shall publish the adjusted purchase limitation amount on the
liquor enforcement division's website.
(b) The brew pub licensee shall retain evidence of each purchase of malt,
vinous, and spirituous liquors from a retailer licensed pursuant to section 44-3-409,
44-3-410, or 44-4-104 (1)(c), in the form of a purchase receipt showing the name of
the licensed retailer, the date of purchase, a description of the alcohol beverages
purchased, and the price paid for the alcohol beverages. The licensee shall retain
the receipt and make it available to state and local licensing authorities at all times
during business hours.
(4) A brew pub licensee shall sell alcohol beverages for on-premises
consumption only if at least fifteen percent of the gross on-premises food and drink
income of the business of the licensed premises is from the sale of food. For
purposes of this subsection (4), food means a quantity of foodstuffs of such
nature as is ordinarily consumed by an individual at regular intervals for the
purpose of sustenance.
(5) (a) It is unlawful for any owner, part owner, shareholder, or person
interested directly or indirectly in a brew pub license to conduct, own either in
whole or in part, or be directly or indirectly interested in any other business licensed
pursuant to this article 3 or article 4 of this title 44.
(b) Notwithstanding subsection (5)(a) of this section, a person interested
directly or indirectly in a brew pub license may conduct, own either in whole or in
part, or be directly or indirectly interested in a license described in section 44-3-401
(1)(j) to (1)(t), (1)(v), or (1)(w), 44-3-412 (1), or 44-4-104 (1)(c) or in a financial institution
referred to in section 44-3-308 (4).